The State of Emergency in Palestine in Light of the International Covenant on Civil and Political Rights

Abstract

Article 48 of the International Covenant on Civil and Political Rights opens the door for signing the Covenant by, inter alia, any member State in any of the United Nations specialized agencies. After the membership of Palestine, as a State, in the United Nations Educational, Scientific, and Cultural Organization on 31 October 2011, the possibility for Palestine of becoming party to the Covenant is now open. In order to be party to the Covenant, Palestine needs to be prepared. It should launch a process of reforming existing legislation in line with international human rights law, starting with the said Covenant. This paper offers an example of the required legislative reform by focusing on Article 4 of the Covenant and analyzing it in comparison with the state of emergency provisions of the 2003 Palestinian Basic Law.